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1 – 10 of over 2000This chapter examines whether the view of the jury in cases involving forensic evidence can be changed from that of “naïve automatons” to that of “sophisticated decision makers”;…
Abstract
This chapter examines whether the view of the jury in cases involving forensic evidence can be changed from that of “naïve automatons” to that of “sophisticated decision makers”; whether the defense and prosecution must provide the jurors with information to help them develop a schema upon which to evaluate the forensic evidence; and whether to remove decision making from the expert forensic scientist and return it to the jury. The chapter uses secondary sources of information collected from criminal cases, the current federal law, as interpreted by the U.S. Supreme Court dealing with expert testimony, studies of how to enable juries confronted with forensic evidence, as well as a framework of learning theory and persuasion games. I argue that expert forensic scientists make errors. Juries are capable of making decisions based on complex forensic evidence if provided the knowledge within which to develop schema to evaluate that evidence. Competition between the defense and prosecution in presenting interpretations of scientifically valid evidence, as well as providing schema to enable the jury to evaluate the information, provides juries with the ability to arrive at a full information decision. Expert nullification of jury decision making should be halted and decision making returned to the jury. The value of this chapter is to integrate learning theory from cognitive psychology with one-shot and extended persuasion games to evaluate the roles of the jury and the expert forensic scientists within the criminal justice system.
Zabihollah Rezaee, D. Larry Crumbley and Robert C. Elmore
Franck Taillandier, Cédric Baudrit, Claudio Carvajal, Benjamin Delhomme and Bruno Beullac
Civil engineering structures are regularly confronted with failures that can lead to catastrophic consequences. It is important, after a failure, to be able to identify the origin…
Abstract
Purpose
Civil engineering structures are regularly confronted with failures that can lead to catastrophic consequences. It is important, after a failure, to be able to identify the origin and the sequence of factors that led to it. This failure analysis by experts, called forensic engineering investigation, generally leads to the drafting of an expert report. These reports do not inform on the processes that guided the experts to a conclusion and the uncertainties involved. This paper aims to propose a new methodological approach to formalize the opinions of experts in forensic engineering.
Design/methodology/approach
The research consists in combining abstract argumentation with the theory of imprecise probabilities to take into account epistemic and stochastic uncertainties to support forensic engineering investigation.
Findings
A model and a tool to support forensic analysis are presented. An application on the collapse of the Brumadinho dam highlights the interest of the chosen approach.
Originality/value
This work is the first use of the abstract argument framework in civil engineering, and so in forensic engineering. Furthermore, it provides an innovative model based on imprecise probability for AAF.
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Brendan Chapman, David Keatley, Giles Oatley, John Coumbaros and Garth Maker
Cold case review teams and the processes that they adopt in their endeavour to solve historic crimes are varied and largely underreported. Of the limited literature surrounding…
Abstract
Purpose
Cold case review teams and the processes that they adopt in their endeavour to solve historic crimes are varied and largely underreported. Of the limited literature surrounding the topic of cold case reviews, the focus is on clearance rates and the selection of cases for review. While multiple reports and reviews have been undertaken and recommend that the interface between investigators and forensic scientists be improved, there is little evidence of cold case teams comprised of a mixture of investigators and scientists or experts. With the growing reliance on forensic science as an aide to solvability, the authors propose that the inclusion of forensic scientists to the central cold case investigation may be a critical factor in future success. The paper aims to discuss this issue.
Design/methodology/approach
To support the proposed approach, the authors conducted a review of the current literature seeking insight into the reported make-up of cold case teams. In conjunction with this, the authors reviewed a number of commissioned reports intended to improve cold case reviews and forensic services.
Findings
While many of the reviewed reports and recommendations suggested better integration with scientists and external expertise, little evidence of this in practice was reported within published literature. Open dialogue and cross pollination between police investigators and forensic scientists are likely to mitigate biases, inform case file triage and better equip investigations with contemporary and cutting-edge scientific solutions to the evidence analysis for cold cases. Furthermore, with respect to scientists within academia, large pools of resources by way of student interns or researchers may be available to assist resource-sparse policing jurisdictions.
Originality/value
To the authors’ knowledge, this is the first peer-reviewed recommendation for the consideration of integrated forensic scientists within a cold case review team. Multiple reports suggest the need for closer ties, but it is the anecdotal experience of the authors that the benefits of a blended task force approach may yield greater success.
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In today's society with concern for crime and violence increasing and court television and celebrity trials bringing the criminal justice system, courtroom procedures, and rules…
Abstract
In today's society with concern for crime and violence increasing and court television and celebrity trials bringing the criminal justice system, courtroom procedures, and rules of evidence into our living rooms, there is an increased need for reliable information about issues that are the core of forensic science: crime scene investigation and the collection and scientific analysis of physical evidence used in trials.
Alberto Clavería Navarrete and Amalia Carrasco Gallego
The purpose of this paper is to understand if forensic accounting techniques and tools could contribute to the deterrence of fraud in financial statements, considering the…
Abstract
Purpose
The purpose of this paper is to understand if forensic accounting techniques and tools could contribute to the deterrence of fraud in financial statements, considering the expertise of forensic accountant on ex post activities and that the traditional mechanisms to prevent this type of fraud have not been sufficient to stop the impact on companies, investors, auditors, employees and on society in general.
Design/methodology/approach
This research was carried out using a qualitative exploratory study with a phenomenological approach conducted through in-depth interviews with professional experts in the forensic field.
Findings
The findings confirm that the use of forensic accounting techniques and tools could contribute to the prevention of fraud in financial reporting not only when the risk of fraud has been materialized. Similar studies, about fraud prevention addressing the situation under a qualitative approach from the perspectives of its protagonists, have not been observed in the bibliographical review, so this research contributes to expanding the scientific research, the study and practice of forensic accounting.
Originality/value
From a business management perspective, this study contributes a paradigm shift from the traditional ex post forensic auditing activity toward an ex ante activity to improve management control systems within organizations anywhere in the world. Because this study is guided to prevent fraudulent financial statements, other fraud categories such as misappropriation or corruption could be addressed in other studies and various countries.
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